Legislature(2023 - 2024)BUTROVICH 205
05/09/2024 09:00 AM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB375 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 375 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
May 9, 2024
9:01 a.m.
MEMBERS PRESENT
Senator James Kaufman, Chair
Senator Löki Tobin
Senator Robert Myers
MEMBERS ABSENT
Senator David Wilson, Vice Chair
Senator Jesse Kiehl
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 375(L&C)
"An Act prohibiting certain restrictions based on the energy
source of a motor vehicle."
- MOVED CSHB 375(L&C) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 375
SHORT TITLE: ENERGY SOURCES OF MOTOR VEHICLES
SPONSOR(s): TRANSPORTATION
02/20/24 (H) READ THE FIRST TIME - REFERRALS
02/20/24 (H) L&C
04/17/24 (H) L&C AT 3:15 PM BARNES 124
04/17/24 (H) <Bill Hearing Rescheduled to 04/22/24>
04/22/24 (H) L&C AT 3:15 PM BARNES 124
04/22/24 (H) Heard & Held
04/22/24 (H) MINUTE(L&C)
04/24/24 (H) L&C AT 3:15 PM BARNES 124
04/24/24 (H) Moved CSHB 375(L&C) Out of Committee
04/24/24 (H) MINUTE(L&C)
04/26/24 (H) L&C RPT CS(L&C) 5DP 2DNP
04/26/24 (H) DP: WRIGHT, PRAX, SADDLER, RUFFRIDGE,
SUMNER
04/26/24 (H) DNP: FIELDS, CARRICK
04/29/24 (H) L&C CS ADOPTED Y35 N2 E1 A2
05/01/24 (H) TRANSMITTED TO (S)
05/01/24 (H) VERSION: CSHB 375(L&C)
05/03/24 (S) READ THE FIRST TIME - REFERRALS
05/03/24 (S) TRA
05/07/24 (S) TRA AT 1:30 PM BUTROVICH 205
05/07/24 (S) -- MEETING CANCELED --
05/09/24 (S) TRA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
REPRESENTATIVE JOHN MCCABE, District 30
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 375 on behalf of the House
Transportation Standing Committee.
JULIE MORRIS, Staff
Representative John McCabe
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained the sectional analysis for HB 375
on behalf of the House Transportation Standing Committee.
COLBY MARTIN, Director of State Government Affairs
Specialty Equipment Market Association
Diamond Bar, California
POSITION STATEMENT: Provided invited testimony on HB 375.
ACTION NARRATIVE
9:01:12 AM
CHAIR JAMES KAUFMAN called the Senate Transportation Standing
Committee meeting to order at 9:01 a.m. Present at the call to
order were Senators Myers, Tobin, and Chair Kaufman.
HB 375-ENERGY SOURCES OF MOTOR VEHICLES
9:02:06 AM
CHAIR KAUFMAN announced the consideration of CS FOR HOUSE BILL
NO. 375(L&C) "An Act prohibiting certain restrictions based on
the energy source of a motor vehicle."
9:02:42 AM
REPRESENTATIVE JOHN MCCABE, District 30, Alaska State
Legislature, Juneau, Alaska, introduced HB 375 on behalf of the
House Transportation Standing Committee, paraphrasing the
sponsor statement.
[Original punctuation provided.]
House Bill 375 Ver.
Sponsor Statement
"An Act prohibiting certain restrictions based on the
energy source of a motor vehicle."
HB375 seeks to ensure the freedom of choice for
consumers in Alaska regarding the energy source of
their motor vehicles. By prohibiting state agencies or
political subdivisions from imposing restrictions
based on the energy source used by a motor vehicle, we
aim to promote fairness, innovation, diversity, and
market competition in the transportation sector.
The definition of "energy source" provided in this Act
is comprehensive, encompassing traditional fuel
sources like gasoline and diesel, as well as
alternative sources such as, electricity, hydrogen,
and solar power or a combination thereof. This
inclusive definition ensures that consumers have the
flexibility to choose from a range of options that
best suit the needs of Alaskans and the harsh winter
environments we often find ourselves in.
This legislation supports a dynamic transportation
sector in Alaska, affirming our commitment to
individual choice, technological advancement, and a
thriving automotive industry.
I urge my fellow legislators to support this important
bill for the benefit of our constituents and our
state's future.
9:04:45 AM
JULIE MORRIS, Staff, Representative John McCabe, Alaska State
Legislature, Juneau, Alaska, explained the sectional analysis
for HB 375 on behalf of the House Transportation Standing
Committee.
[Original punctuation provided.]
House Bill 375
"An Act prohibiting certain restrictions based on the
energy source of a motor vehicle."
Sectional Analysis
Section 1: Amends AS 28.90 by adding a new section
that prohibits certain restrictions based on energy
source.
A state agency or political subdivision may not
restrict the use or sale of motor vehicles based on
the energy source used by the motor vehicle.
The term "energy source" is also defined as a source
including gasoline, diesel fuel, electricity,
hydrogen, solar power, or a combination of sources
used to a motor vehicle for propulsion purposes or
other functions of the motor vehicles.
9:06:19 AM
SENATOR TOBIN said she was disappointed that dog mushing wasn't
mentioned. She referred to Article 10 of the Alaska
Constitution, maximizing local control and asked whether any
Alaska communities have sought to ban any specific fuels and, if
not, why the legislature would strip that control from local
entities.
9:06:59 AM
REPRESENTATIVE MCCABE answered that no communities have sought
to ban specific energy sources for motor vehicles. He said HB
375 is preventative, proposed by a group concerned that Alaska
may be headed down a path based on the California Air Resources
Board and some bills in California that seek to restrict
internal combustion engines from a locality. He said that
California failed to take into account that hydrogen powered
vehicles have internal combustion engines. He said that,
frankly, was a mistake and HB 375 seeks to prevent a similar
mistake by Alaska localities. He invoked a hypothetical mess
that would occur if Wasilla or Palmer banned diesel trucks from
driving through their communities. He said the local control
issue may not be applicable when considering roads that run
statewide.
9:08:27 AM
SENATOR TOBIN appreciated the comments about Alaska becoming
like California, though she doesn't see that happening. She said
she was curious about the idea of [restricting vehicles] going
through communities such as Wasilla. She noted that HB 375,
Version A does not restrict the prohibition or the regulation of
the emission of gas. She asked how HB 375 would apply in
communities that have very strict gas emissions ratings or
requirements that would impact the use of certain fuels [because
of the means of propulsion]. She noted that the means of
propulsion may not be prohibited, but the level of emissions may
be banned or regulated.
9:09:14 AM
REPRESENTATIVE MCCABE said he was not sure the legislation goes
that deep. He said it is meant to prevent banning one form of
propulsion engine over another. He offered as an example a city
that wanted to ban electric bikes. If bicycles were defined as
motor vehicles, HB 375 would prevent the city from banning
bicycles.
9:09:48 AM
SENATOR TOBIN asked if a city could ban vehicles that have any
emissions.
9:09:55 AM
REPRESENTATIVE MCCABE said he didn't read it that way. He said
the bill is specific to the type of propulsion system/engine.
9:10:06 AM
SENATOR TOBIN read HB 375, Section 1(b), lines 8 and 9 "This
section may not be construed to prohibit the regulation of motor
vehicle emissions, including greenhouse gas emissions." and
sought to clarify that a community could ban all emissions from
vehicles in that community.
9:10:20 AM
REPRESENTATIVE MCCABE concurred that a community could limit
emissions. He mentioned emission testing in Anchorage in the
past.
SENATOR TOBIN commented, not now.
REPRESENTATIVE MCCABE concurred, not now.
9:10:38 AM
CHAIR KAUFMAN noted that was federal requirement because of air
quality, so it was not locally imposed.
9:10:45 AM
REPRESENTATIVE MCCABE concurred.
9:10:48 AM
CHAIR KAUFMAN suggested the HB 375 is meant to deal with the
"inputs," not with the "output," other than propulsion.
9:10:59 AM
SENATOR MYERS said he understood his California comments and
agreed with his proposal to eliminate carbs. He mentioned
attempts to ban Segway scooters in some cities (not in Alaska)
and asked whether HB 375 would prohibit those bans.
9:11:26 AM
REPRESENTATIVE MCCABE said the scooter is a whole vehicle. HB
375 seeks to prohibit banning specifically those scooters with
internal combustion engines. He asked that the question be
rephrased.
9:12:02 AM
SENATOR MYERS noted the bans were aimed at Segways, but the bans
usually mention electric propulsion on sidewalks or similar
phrasing. He said the bans are either specific to sidewalks or
to vehicles of a certain size, rather than banning a particular
model. He asked whether HB 375 would prevent that [type of ban]
from happening.
9:12:49 AM
REPRESENTATIVE MCCABE answered that HB 375 was not designed to
restrict a community from banning a particular vehicle for
safety reasons. He said banning Segways on sidewalks for safety
reasons would be fine. He said if Segways came with a choice of
a gas engine or electric engine, an effort to ban the gas engine
would be impacted by HB 375. He said HB 375 was designed to
prevent favoring one propulsion system over another.
9:13:41 AM
CHAIR KAUFMAN said he was in favor of a V-8 Segway.
9:13:50 AM
SENATOR TOBIN referred to HB 375, Section 1(c) listing different
types of energy sources. She noted that the list doesn't include
a battery charged with natural gas. She noted electric vehicles
in areas without solar power are charged [using electricity
generated by] natural gas and asked how or whether HB 375
accounted for that.
9:14:36 AM
REPRESENTATIVE MCCABE said a battery is not a power source. He
said a battery may supply power to a motor, but the battery is
for storage, much like natural gas in the ground is for storage,
but the engine itself is the power source. He did not think
[battery powered vehicles] would be addressed by HB 375.
9:15:09 AM
SENATOR TOBIN clarified that she was thinking about the battery
that receives the power to store through natural gas. Natural
gas powers the home electrical system which is used to charge
the battery.
9:15:26 AM
REPRESENTATIVE MCCABE said that would not be covered by HB 375
because a battery is simply a storage device and it doesn't
matter how the electricity gets into the battery.
9:15:45 AM
SENATOR TOBIN asked whether HB 375 would apply to airplanes. She
mentioned certain limitations on "Avgas" in particular areas and
asked whether HB 375 applied only to individual motor vehicles
or to aviation as well.
9:16:06 AM
REPRESENTATIVE MCCABE replied that a community cannot regulate
aviation. He said aviation is all regulated by the FAA. HB 375
would not apply to aviation.
9:16:32 AM
SENATOR TOBIN appreciated the clarification.
9:16:39 AM
CHAIR KAUFMAN asked whether riding lawnmowers would be
considered a vehicle under HB 375.
9:16:49 AM
REPRESENTATIVE MCCABE reported that the discussion leading to
the bill considered lawnmowers and weed-eaters, etc. It was
decided to leave that out of HB 375 in the interest of time to
draft and introduce the bill. He opined that a riding lawnmower
is more a tool than a vehicle.
9:17:32 AM
CHAIR KAUFMAN countered that in some communities it is very much
a mode of transportation.
9:17:49 AM
At ease
9:18:07 AM
CHAIR KAUFMAN reconvened the meeting and noted that Colby Martin
was available for testimony, invited him to put himself on the
record and begin his testimony.
9:18:35 AM
COLBY MARTIN, Director of State Government Affairs, Specialty
Equipment Market Association, Diamond Bar, California,
introduced himself and explained that SEMA is a trade
association, the Specialty Equipment Marketing Association. He
said SEMA represents the after-market automotive trade industry.
SEMA supports HB 375 which prohibits state agencies, cities and
towns from regulating or restricting the use or sale of motor
vehicles based on their energy source.
MR. MARTIN said SEMA represents over 7,000 American businesses,
including 18 in Alaska that manufacture and sell parts and
accessories that improve the performance, function and style of
motor vehicles. While 95 percent of SEMA's member companies are
small businesses, he said their industry impact is massive,
employing over 1.3 million Americans and contributing $337
billion annually to the U.S. economy. He said the industry
contributes $325 million to Alaska's economy and employs over
1700 individuals, generates over $121 million in wages and
benefits and $34 million in taxes.
MR. MARTIN said SEMA strongly supports individual consumer
choice and innovation in the automotive industry. He said SEMA
believes consumers should be free to choose the vehicles that
best meet their needs and preferences regardless of its energy
source. HB 375 promotes this freedom by preventing government
entities from unfairly targeting specific vehicle types based on
their fuel source. HB 375 empowers consumers to make informed
decisions about the vehicles they purchase and drive. It removes
unnecessary restrictions that can limit their access to certain
technologies or features. By creating a level playing field for
all vehicle types, this bill encourages manufacturers to
research and develop new and innovative technologies across all
fuel sources, ultimately benefitting consumers with a broader
range of efficient and environmentally friendly options.
9:20:39 AM
MR. MARTIN said, while the automobile's roots are tied to the
internal combustion engine (ICE), SEMA prides itself on
maintaining a forward-looking vision that embraces new
technology, including electric vehicles (EVs) and other zero-
emissions vehicles. The specialty automotive aftermarket has led
the way with alternative fuel innovations, from replacing older
engine technologies with newer cleaner versions, to converting
older ICE vehicles to electric, hydrogen and other alternative
fuels. The automotive aftermarket industry employs millions of
Americans and supports thousands of small businesses nation-
wide.
9:21:20 AM
MR. MARTIN concluded, this bill insures a healthy and
competitive marketplace for all types of vehicles and
aftermarket products. HB 375 is a pro-consumer, pro-innovation
and pro-business piece of legislation. It promotes individual
choice, fosters innovation and protects jobs. SEMA urges the
committee to support this bill and allow the automotive industry
to continue delivering the freedom of choice that Alaskans
deserve. He thanked the committee for their time and
consideration.
9:21:54 AM
CHAIR KAUFMAN opened public testimony on HB 375; finding none,
he closed public testimony.
9:22:21 AM
CHAIR KAUFMAN solicited the will of the committee.
9:22:32 AM
SENATOR MYERS moved to report CSHB 375(L&C), work order 33-
LS1381\B, from committee with individual recommendations and
attached fiscal note(s).
9:22:47 AM
SENATOR TOBIN objected.
9:22:54 AM
SENATOR TOBIN said her objection was rooted in her personal
views on local control. She said she believed communities have a
constitutional right to make the choices that are best for them.
She noted that no bans were in effect nor had been proposed and
it seemed superfluous to propose a preventative measure. She
said she was not a fan of creating law for law's sake. She
acknowledged her fellow committee members and the direction she
thought the vote was likely to go and removed her objection.
9:23:51 AM
At ease
9:25:03 AM
CHAIR KAUFMAN reconvened the meeting; he found no further
objection and CSHB 375(L&C) was reported from the Senate
Transportation Standing Committee.
#
9:25:39 AM
There being no further business to come before the committee,
Chair Kaufman adjourned the Senate Transportation Standing
Committee meeting at 9:25 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 375 Sponsor Statement 4.15.24.pdf |
HL&C 4/17/2024 3:15:00 PM STRA 5/7/2024 1:30:00 PM STRA 5/9/2024 9:00:00 AM |
HB 375 |
| HB 375 Sectional Analysis 4.15.24.pdf |
HL&C 4/17/2024 3:15:00 PM STRA 5/7/2024 1:30:00 PM STRA 5/9/2024 9:00:00 AM |
HB 375 |
| HB 375 Explanation of Changes Ver. A to B 4.30.24.pdf |
STRA 5/7/2024 1:30:00 PM STRA 5/9/2024 9:00:00 AM |
HB 375 |
| HB 375 Fiscal Note 4.15.24.pdf |
HL&C 4/17/2024 3:15:00 PM STRA 5/7/2024 1:30:00 PM STRA 5/9/2024 9:00:00 AM |
HB 375 |
| HB 375 SEMA Support - House.pdf |
HL&C 4/22/2024 3:15:00 PM STRA 5/7/2024 1:30:00 PM STRA 5/9/2024 9:00:00 AM |
HB 375 |
| HB 375 Support doc AADA 4.24.24.pdf |
HL&C 4/24/2024 3:15:00 PM STRA 5/7/2024 1:30:00 PM STRA 5/9/2024 9:00:00 AM |
HB 375 |